msgid ""
"Given that no choice is so clear that all other candidate meanings must be "
"rejected, "any" has certain advantages. It is a somewhat more "
"informal and less legalistic usage than the possible alternatives, an "
"appropriate register for the developers reading and applying the license. "
"Moreover, the usage of "any", through its suggestion of selection "
"out of many qualifying possibilities, has the effect of emphasizing the "
"reusability of GPLv3 for multiple works of software and in multiple "
"licensing situations. The GNU GPL is intended to be used by many developers "
"on their programs and that too needs to be clear."
msgstr ""
#. type: Content of:

msgid ""
"The same use of "any" that has given rise to interpretive concerns "
"under GPLv3 exists in GPLv2, in its corresponding definition. Section 0 of "
"GPLv2 states:"
msgstr ""
#. type: Content of:

msgid ""
"This License applies to any program or other work which contains a notice "
"placed by the copyright holder saying it may be distributed under the terms "
"of this General Public License. The "Program", below, refers to "
"any such program or work, and a "work based on the Program" means "
"either the Program or any derivative work under copyright law …"
msgstr ""
#. type: Content of:

msgid ""
"However, it has always been the understanding of the FSF and others in the "
"GPL-using community that "the Program" in GPLv2 means the "
"particular GPL-covered work that you receive, before you make any possible "
"modifications to it. The definition of "the Program" in GPLv3 is "
"intended to preserve this meaning."
msgstr ""
#. type: Content of:

msgid ""
"We can find no clause in GPLv3 in which applying the suggested broad "
"interpretation of "the Program" (and the superset term ""
"covered work") would make sense or have any practical significance, "
"consistent with the wording of the clause and its drafting history. The "
"patent provisions of GPLv3 are a case in point."
msgstr ""
#. type: Content of:

msgid ""
"A "contributor" is defined as "a copyright holder who "
"authorizes use under this License of the Program or a work on which the "
"Program is based.""
msgstr ""
#. type: Content of:

msgid ""
"The broad reading of "the Program", it has been suggested, gives "
"rise to an unreasonably broad patent license grant. The reasoning is that, "
"for a given GPLv3 licensee, the set of contributors granting patent licenses "
"becomes all GPLv3 licensors of all GPLv3-covered works in the world, and not "
"merely licensors of the specific work received by that licensee in a "
"particular act of licensing."
msgstr ""
#. type: Content of:

msgid ""
"Close attention to the wording of the patent license grant, however, shows "
"that these concerns are unfounded. In order to exercise the permissions of "
"the patent license grant, a GPLv3 licensee must have "the contents of "
"[the contributor's] contributor version" in his possession. If he "
"does, then he is necessarily a recipient of that material, licensed to him "
"under GPLv3."
msgstr ""
#. type: Content of:

msgid ""
"Therefore, contributors are always the actual copyright licensors of the "
"material that is the subject of the patent license grant. The user "
"benefiting from the patent license grant has ultimately received the "
"material covered by the grant from those contributors. If it were "
"otherwise, the patent license grant would be meaningless, because the "
"exercise of its permissions is tied to the contributor's "contributor "
"version". The contributors and the section 11 patent licensee stand in "
"a direct or indirect distribution relationship. Therefore, section 11, "
"paragraph 3 does not require you to grant a patent license to anyone who is "
"not also your copyright licensee. (Non-contributor redistributors remain "
"subject to applicable implied patent license doctrine and to the special "
""automatic extension" provision of section 11, paragraph 6.)"
msgstr ""
#. type: Content of:

msgid ""
"There is similarly no basis for the broad reading of "the Program" "
"when one considers the patent-related clause in the third paragraph of "
"section 10. This clause provides:"
msgstr ""
#. type: Content of:

msgid ""
"Coupled with the patent license grant of section 11, paragraph 3, and the "
"termination clause of section 8, this section 10 clause gives rise to a "
"patent termination condition similar in scope to that contained in the "
"Apache License version 2.0."
msgstr ""
#. type: Content of:

msgid ""
"The FSF sympathizes with the intent of broad patent retaliation clauses in "
"some free software licenses, since the abolition of software patents is "
"greatly to be desired. However, we think that broad patent retaliation "
"provisions in software licenses are unlikely to benefit the community, "
"especially those clauses which can be triggered by patent litigation "
"concerning other programs unrelated to the software whose license "
"permissions are being terminated. We were very cautious in taking steps to "
"incorporate patent retaliation into GPLv3, and the section 10, paragraph 3 "
"clause is intended to be narrower than patent retaliation clauses in several "
"other well-known licenses, notably the Mozilla Public License version 1.1, "
"with respect to termination of patent licenses."
msgstr ""
#. type: Content of:

msgid ""
"If the suggested interpretation of "the Program" applied to the "
"section 10, paragraph 3 clause, the result would be a radical departure from "
"our consistent past statements and policies concerning patent retaliation, "
"which we clearly did not intend."
msgstr ""
#. type: Content of:

msgid ""
"terms that wholly or partially terminate, or allow termination of, "
"permission for use of the material they cover, for a user who files a "
"software patent lawsuit (that is, a lawsuit alleging that some software "
"infringes a patent) not filed in retaliation or defense against the earlier "
"filing of another software patent lawsuit, or in which the allegedly "
"infringing software includes some of the covered material, possibly in "
"combination with other software …"
msgstr ""
#. type: Content of:

msgid ""
"Section 7 does not state the GPL's own policy; instead it says how far other "
"compatible licenses can go. Thus, that text in section 7 would not have "
"established broad patent retaliation; it only would have permitted combining "
"GPL-covered code with other licenses that do such broad patent retaliation."
msgstr ""
#. type: Content of:

msgid ""
"Nonetheless, as explained in the Rationale for Draft 3, such broad "
"retaliation was criticized because it could apply to software patent "
"lawsuits in which the accused software was unrelated to the software that "
"was the subject of the license. Seeing that there were no widely used "
"licenses with which this would provide compatibility, in draft 3 we dropped "
"broad patent retaliation from the range of GPL compatibility."
msgstr ""
#. type: Content of:

msgid ""
"We did so by replacing 7(b)(5) with text in section 10, in which we kept "
"only what corresponded to the second category. The first category therefore "
"reverted to being a GPL-incompatible "further restriction" in "
"Draft 3, and likewise in GPL version 3 as actually published."
msgstr ""
#. type: Content of: